As Jordan Brunner has explained, the new NSPM-4 memorandum reorganizing the National Security Council has far more in it than the

I have been rather critical in the past of the Court of Military Commission Review (CMCR)—the intermediate appellate court Congress created in 2006 to sit between the Guantánamo military commissions and ...

Military judge Army Colonel James Pohl calls the commission to order, and takes roll, noting that Khalid Sheikh Mohammed and Mustafa al Hawsawi are absent but all other defendants are present. Prosecuto...

On Friday, a three-judge panel in the D.C. Court of Appeals rejected a request to release recordings of military personnel in Guantanamo Bay force-feeding a detainee who was on a hunger strike. The detai...

Don't look now but the long dormant world of Guantanamo habeas litigation is getting at least a little bit less sleepy. Last November, a detainee named Guled Hassan Duran, an alum of the CIA's RDI prog...

The Freedom of Information Act’s Exemption 5 does not shield communications between U.S. agencies and foreign government agencies, the Sixth Circuit Court of Appeals held on Friday in Lucaj v. FBI.

On Friday, March 24th, Military Commissions Chief Prosecutor Mark Martins issued the following statement on the pretrial hearings completed over the past week in the 9/11 case. His statement is also avai...

Military judge Army Colonel James Pohl calls the commission to order at 8:59 AM, noting that none of the five detainees have chosen to attend this morning’s session. Prosecution team member Robert Swann ...

Don’t look now, but the Justice Department has just responded to key themes Benjamin Wittes and I have been writing about in connection with President Trump’s oath of office.

On Friday, Virginia U.S. District Judge Anthony J. Trenga upheld President Trump’s revised Refugee Executive Order (EO), ruling that the EO did not violate the Establishment Clause (see Josh Blackman’s d...

On March 11, the Court of Military Commissions Review (CMCR)—the appellate court sandwiched between the military commissions and review at the D.C. Circuit court of appeals—issued a two-pronged order in ...